Opinion 26-16

February 5, 2026

Facts/Issue:  A part-time judge who is a former police officer asks if he/she may participate, without compensation, as an interviewee and consultant for a commercially produced documentary concerning a high-profile case that occurred more than a decade ago.  The judge was the arresting officer and the person arrested was subsequently convicted and incarcerated.  The judge states that the homicide case has completely terminated, and no related proceedings are pending or reasonably foreseeable.

Discussion:   We have previously advised that a full-time judge may participate, without compensation, in an interview for a commercially-produced documentary “concerning a case he/she prosecuted over a decade ago, provided the case has completely terminated and no related proceedings are pending or impending.”  The judge must abide by generally applicable limitations on speech and conduct.  For example, the judge must be careful that any remarks concerning his/her prior employment do not cast reasonable doubt on his/her ability to be fair and impartial as a judge. 

                   We need not here address whether or not a part-time judge may be compensated for such work, as the inquirer proposes to serve “without compensation.”

Conclusion:  A part-time judge who is a former police officer may participate as an interviewee and consultant for a commercially produced documentary concerning a homicide case that occurred more than a decade ago, provided that the case has completely terminated and no related proceedings are pending or impending.  The judge must abide by generally applicable limitations on speech and conduct.

Authorities:  Opinions 20-215; 17-163/18-03/18-21.